If the thefts are considered three separate crimes, the punishment could be up to 37 years in prison. If it's one crime, the maximum punishment would be 15 years.

To make that determination, the judge needs to look closely at how the case was presented to a grand jury.

Assistant District Attorney Beth Van Doren says the couple stole church money in three ways: by writing checks to Osborn's business, to Osborn himself and to Meyer.

The way the law is written, accused thieves face the same crime -- second-degree grand larceny -- whether they steal $50,000 or $1 million.

Meyer and Osborn are accused of stealing $444,000. But if they are found to have committed more than one crime, the sentences for each crime can be added up. If it's only one crime, the sentences would run at the same time.

John Osborn was arraigned in Onondaga County Court in October on charges of embezzling $444,000 from a church in Manlius.Dennis Nett | dnett@syracuse.com

Because Fahey's decision will determine how long the couple could go to prison if convicted, it's expected to have a significant impact on the case. In general, defendants facing harsher possible punishments are more likely to consider a plea before trial.

Until this point, there has been little sign of a plea deal in the case. Fahey has announced he's ready to schedule a trial.

Most of the stolen money was taken from the endowment, which people contributed to in their wills, authorities have said.

In 1992, Osborn was convicted of stealing $120,000 from the Camillus Housing Authority while he was the agency's treasurer. He was sentenced to five years' probation and ordered to repay the money.